Can you fill out the I-130 petition while your husband/wife is in the country illegally or do they need to leave the country first?
Can you fill out the I-130 petition while your husband/wife is in the country illegally or do they need to leave the country first?
The real question is, did your spouse enter the U.S. legally? If not, filling in their address on the I-130 form effectively documents their unlawful entry (and you can't adjust your status following an unlawful entry). If so, lots of people seek adjustment of status after a visa overstay - and it is a really bad idea to leave the U.S. after an overstay of three or more months, as you will trigger a 3 - 10 year period of ineligibility to reenter.